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Michael T Millar
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Michael Millar’s Answers

3,509 total


  • If his name is on the deed only will he or his family be able to take my home from me ?

    My boyfriend and I is in the process of buying a house

    Michael’s Answer

    If his name is on the deed, then he has an ownership interest and could, potentially, force a sale.

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  • How do I go about finding out if my name and credit was use to purchase this house ? Please help

    I receive a letter in the mail address to myself and another individual in regards to purchasing a house in 2001 and paying it off. I have never cosign anything for anyone in my life. I know how to get a deed.

    Michael’s Answer

    Go to the county clerk's office and get both the deed and the mortgage. You can also order a copy of your credit report to see if the mortgage is listed there.

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  • Can we make the previous owners fix the water intrusion issues they did not disclose.

    I bought a home back in late June and every time it rains hard we get water coming into our garage, laundry room and now even our living room! The previous owners did not disclose this MAJOR issue! We have pictures and videos of the water coming i...

    Michael’s Answer

    You should consult with a local litigation attorney familiar with real estate transactions.
    If you can prove that the prior owner experienced water intrusion, you may be able to establish fraud by omission.

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  • Do I have any options?

    My house was insulated by NJ Cpmfort Partner as a result I have lot of mold in my attic . I called the company many times but get ignor

    Michael’s Answer

    I agree with the previous answers - that there are not enough facts presented to provide a complete response. Most importantly, you do not explain why the installation of insulation caused mold to grow in your attic. I would recommend that you have the attic inspected to determine what is causing the mold. Once you know the cause, you can then determine who, if anyone, is responsible.

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  • How can I get my name off of my mortgage free house that I co-own so that I am no longer legally responsible?

    I own a home with my two sisters. It was left to us by our father, no mortgage. I take care of it financially and physically, with no help, although we are all on the deed. I no longer want it but they will not commit to selling it. I do not care ...

    Michael’s Answer

    You have several options.
    (1) As suggested, you can negotiate with your sisters for arrange for the sale of the home,
    (2) You could sue for "partition", where a court orders that the home be sold,
    (3) If you do not want your equity, you could quit claim your interest to someone else - whether that be one or both of your sisters or someone else.
    (4) If you want the value of your equity, you could sell your interest to one or both of your sisters or someone else.
    (5) You could do nothing and refuse to contribute to taxes and upkeep, which might reduce your share when the home is eventually sold - but you would not have the headache of paying for a property that you do not want.
    (6) You could offer to buy-out your sisters' interest by taking a mortgage on the property and then listing it for sale.
    etc. etc.

    You should speak to an experienced real estate attorney to explain the pluses and minuses of each of your options.

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  • Does the time to reply with a cross motion/objection to my motion include weekends and holidays. Is it 15 days?

    My adversary filed for an one cycle adjournment to my motion, which I agreed to. Her lawyer had another court appearance for that date. I am still awaiting the cross motion/objection. The cycle of a court motion states that a cross motion/objectio...

    Michael’s Answer

    In NJ, a motion must be filed 16 calendar days before the return date (unless it is a summary judgment motion, in which case it must be filed 35 days before the return date). Opposition and/or a cross motion must be filed 8 calendar days before the return date.

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  • If the judge agreed to transfer the action from chancery to law division do I get the right to a jury trial? I did not demand a

    jury trial initially because the case was initiated by plaintiffs in chancery. Do I have the right nonetheless to demand now for a jury trial that that the case was transfered to the law division?

    Michael’s Answer

    Although there are always exceptions to the general rule, the general rule is that one has a right to a jury trial in the law division.

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  • Can we put a lien on his house or the building we worked on?

    Are company supplied and installed materials. But along the way there was a lot of changes From the contractor. He owes us $25,000.00 still to date

    Michael’s Answer

    Under the NJ Construction Lien Law, a supplier can lien a property even when the supplier has no contract with the homeowner. However, there is a procedure that must be strictly followed. You must file a Notice of Unpaid Balance within 60 days of the delivery, you must then apply for AAA arbitration and it is only after the arbitrator determines if a lien can be filed and in what amount that you then have the right to file the construction lien - which must be done within 120 days of when you delivered the materials.

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  • Should I be asked to cover out of pocket charges on a contingent case?

    I have a Lemon Law case, a settlement was offered and I've been getting piecemeal requests from my attorneys staff suggesting that I'm responsible for the cost of things such as notary & child support background checks. Currently the charges are n...

    Michael’s Answer

    It is not uncommon to have the client pay costs when the attorney has agreed to work on a contingent fee arrangement.

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  • Is it legal for a unlicensed and uninsured contractor to use me the home owner

    Hello, I hired a contractor last year that claimed to be licenced When it got cold out he hardly showed up After that while digging a trench for electric he broke my sewer pipe and would not fix it. Supper long story short i late...

    Michael’s Answer

    Home improvement contractors are required to be "registered" with the state - they are not "licensed". Under the NJ Contractor Registration Act - which is part of the NJ Consumer Fraud Act, it is illegal for an unregistered contractor to sell or perform home improvements. The act also imposes a host of requirements including a written contract signed by the homeowner, with a start date, and date, the total price, a copy of the contractor's general liability insurance, the telephone number for the NJ Department of Consumer Affairs, the contractors registration number, notice of a three day right to cancel, and other requirements.
    You should consult with a local consumer protection lawyer.

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